Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the KRA ACD platform (the “Platform”), operated by Kenya Revenue Authority - Customs and Border Control (the “Operator”, “we”, “us”). The Platform is used to apply for and manage cargo tracking and customs declaration documents such as CTN, ECTN and ACD certificates (each an “Application”).

By creating an account or using the Platform, you agree to be bound by these Terms. If you use the Platform on behalf of a company or other organisation, you confirm that you are authorised to bind that organisation, and “you” refers to that organisation.

You may create an account only if you are at least 18 years old and legally capable of entering into binding contracts. You must provide accurate, complete and current information when registering, including a valid email address and mobile phone number, and keep this information up to date.

• You are responsible for keeping your account credentials confidential.
• You are responsible for all activity performed through your account.
• You must notify us promptly if you suspect unauthorised use of your account.
• Registrations may be subject to review and approval before the account is activated.

You are solely responsible for ensuring that all information and documents you submit through the Platform are accurate, complete, current, authentic and legally permitted to be submitted. This applies in particular to Bills of Lading, commercial invoices, freight invoices, packing lists, shipment details, shipper/consignee information and any other supporting documents.

We are not responsible for any consequences caused by incorrect, incomplete, fraudulent or misleading information or documents you provide.

Submitting an Application does not guarantee approval or issuance of a certificate. Applications are subject to review, and additional documents or corrections may be requested. Final approval and issuance depend on the competent customs, port or government authority, whose decisions are outside our control.

• Requirements may vary by country and may change due to regulations or authority procedures.
• Processing times may vary and are not guaranteed.
• An Application may be rejected, returned for correction, or made subject to further conditions.

Your account balance is prepaid platform credit intended solely for purchasing services on the Platform. It is not a bank account, a deposit account, electronic money or stored monetary value, and it does not earn interest. Balance becomes available for use once the corresponding payment has been confirmed by the payment provider.

Payments on the Platform may be processed and collected by third-party payment providers (such as Stripe) and by authorised service partners acting on behalf of the Operator. You are responsible for providing valid payment information.

• Prices may vary by service, country and application type.
• Taxes, card processing fees and other transaction charges may apply and may be added at payment.
• Official fees set by authorities may change without prior notice.

• An Application that has not yet been submitted (a draft) can be discarded at any time without charge.
• A submitted Application may be withdrawn while it is still awaiting review; in that case the service fee is returned to your platform balance. Once review or processing has begun, or the Application has been approved, it can no longer be cancelled by you.
• Once a certificate has been issued, the Application cannot be cancelled and its fee is not refundable.
• No refund is provided where a rejection or other adverse outcome results from incorrect, incomplete, fraudulent or misleading information or documents you supplied.
• Unused account balance is refundable on written request, less any transaction, transfer and processing costs, which are borne by you. Refunds are made to the original payment method where possible.

We may suspend or terminate accounts and Applications, and may refuse service, where we reasonably suspect:

• fraud, forged or falsified documents, or misrepresentation;
• unauthorised access, or attempts to interfere with the Platform’s operation or security;
• attempts to manipulate payments or account balance;
• misuse of CTN/ECTN/ACD documentation, or any illegal activity.

Such matters may also be reported to the competent authorities where required or appropriate.

We may suspend or terminate your account for violation of these Terms, fraud, non-payment or payment disputes, security risk, abuse of the Platform, or where required by law, regulation or a decision of the competent authority.

Upon termination, pending Applications may be halted and referred to the competent authority where applicable, and penalties may apply under applicable law. Any remaining unused balance is handled in accordance with the Cancellations, Withdrawals and Refunds section, unless it must be withheld due to suspected fraud, a legal or regulatory requirement, or a decision of the competent authority.

The Platform may be temporarily or permanently unavailable, in whole or in part, due to:

• maintenance, infrastructure problems or third-party service outages (including payment providers);
• unavailability of government or authority systems the service depends on;
• decisions of government bodies or competent authorities concerning the service or its processes;
• force majeure or other events outside our reasonable control.

We do not guarantee uninterrupted availability of the Platform.

The services depend on customs, port, shipping and other government authorities. We are not responsible for decisions of such authorities, changes to document requirements, regulatory changes, changes in official fees, or processing delays caused by authorities. Requirements applicable to your Application may change while it is in progress.

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special or consequential loss, or for loss of profit, loss of business or loss of opportunity, including without limitation cargo delays, port storage fees, demurrage, detention, customs penalties or missed shipments.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with an Application or service is limited to the fees you paid for that Application or service. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

Without limiting the foregoing, we are not liable for any issue resulting from:

• incorrect shipment information, invoice values or HS codes supplied by you;
• incorrect consignee, shipper or notify-party information supplied by you;
• missing documents or late submission by you;
• forged, falsified or invalid documents submitted through your account.

The Platform software, interface, branding and content are owned by the Operator or its licensors and are protected by applicable intellectual property laws. You retain ownership of the documents and data you submit, and you grant us the rights necessary to store, process and transmit them for the purpose of providing the requested services, including submission to the competent authorities.

We may update these Terms from time to time. The effective date at the top of this page shows when the current version came into force. Material changes may be communicated through the Platform. Continued use of the Platform after a change takes effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of Republic of Kenya. Any dispute arising out of or in connection with these Terms or the Platform shall be resolved by the competent courts of Republic of Kenya, without prejudice to any mandatory consumer-protection rules that may apply.

Questions about these Terms can be directed to the Operator at info@acd.kra.go.ke, or by post to Mombasa, Kenya.